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SUTTON v. STATE

No. 643, September Term, 1974.

25 Md. App. 309 (1975)

334 A.2d 126

CLARENCE JAMES SUTTON, THE YOUNGER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 18, 1975.

Attorney(s) appearing for the Case

Michael S. Libowitz, Assigned Public Defender, for appellant.

Gilbert Rosenthal, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Milton B. Allen, State's Attorney for Baltimore City, and Walter Balint, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before ORTH, C.J. and MOYLAN and GILBERT, JJ.

GILBERT, J., delivered the opinion of the Court.

Clarence James Sutton, appellant, was indicted by the Grand Jury for Baltimore City for the murder of John Herring and for the assault with intent to murder of Tommie Graham. A petit jury, in the Criminal Court of Baltimore, convicted appellant of the lesser charges of manslaughter in the Herring slaying and assault and battery upon Tommie Graham. The trial judge imposed...

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